and a deeper dive into a story that broke late yesterday two Federal cases against former president Donald Trump have been resurrected after special counsel Jack Smith reworked the indictment against him in the federal election interference case Trump previously pleaded not guilty to the charges which stem from attempts to overturn the 2020 presidential election and the January 6th ride at the capital that followed the special Council also filed an appeal this week to a judge's rule that dismissed the indictment against how Trump handled classified documents the GOP Presidential nominee responded to the new indictments in an email to donor saying I've beaten all the hoaxes before and I'll do it again this time though he'll be doing it while on the campaign Trail for more I'm joined by Chris Gramiccioni a former assistant us attorney for New Jersey Chris good to see you as always so okay we're sitting here we are just a couple of months out from the election and now not one but two of the federal cases against Donald Trump have been revived what tweaks did the special Council make in these new indictments well the indictment pertaining to the alleged election interference the one out of DC that one had to be superseded and presented to a new grand jury because they're trying to comply with the mandates of the Supreme Court's decision addressing the president's IM Community uh so what they did is they they carved out and removed a number of actions that could be deemed as official presidential actions and they really reformulated it all focusing heavily on what the government alleges is private unofficial acts that related to his reelection efforts not to his job and responsibilities as the President of the United States right so that election interference case that's sort of been sitting dormant for for the last eight months or so and the argument is that that correct me if I'm wrong that his Acts were taken according to the special counsel um as a private role as a candidate not as president do we get any clarity through any of this as what does constitute a as an official act here what qualifies is the special councel making giving any Clarity on that in this superseding indictment well you still see the same four counts that were alleged in the original indictment but the in terms of the facts that they used to support uh the charges they still continue to focus on uh the concept that President Trump and the conspirators knew that the election results were valid but nonetheless they were putting out to the public and the media through statements or otherwise claiming that they were the subject of fraud the election was defrauded like it was the subject of fraud that's that's a difficult uh case to prove in that regard to kind of guess what you know Pro prove to a jury what's inside someone's head but that's what they're lodging their complaints on and they're really hanging their hat on is is that premise so that's back in play Chris and then so is this classified documents case can you bring us up to speed on that and also the timing of this because um there's a deadline for when you can bring cases against a presidential candidate and we are quickly bumping up against that yeah so U the latest information I had is I know that the Department of Justice had appealed the judge's ruing out of the documents case in in Florida uh the judge the judge dismissed the case because she found that the special prosecutor was unconstitutionally or improperly appointed that was a decision that was a legal decision not a factual decision so when the government appealed that it'll go to the it'll go to the Circuit for review and and the appell at circuit will will review it a new the the standard review is called denovo since it's a question of law so they will look at the entire record of of trial and and the case in and of itself with fresh eyes without regard to the trial judge's decision at the district court level will any of these will either of these go to trial before the election no it's certainly not the the documents case in Mar Lago and I and I I mean that's the pellet process takes several several months to sort itself out um as far as the election interference case the the president and the conspirators have to have to be arraigned now and under under the Speedy Trial Act without delays from motions practice and things like that um it's 70 days that's the quickest it could go under us law under the speedy trial statute in practice it never ever goes that fast it's it's double if not triple that period of time especially in a complex case so I can't imagine either case and I I don't think I'm alone in that regard I can't imagine either case going to trial before the election really good point, Chris Gramiccioni,thank you so much as always sure nice talking to you have a good one [Music]